Terms and Conditions
[last updated August 2018]
- No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
- engage in threatening, harassing or defamatory behaviour,
- engage in any internal or external spamming, or other similar actions,
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions,
- hack into areas of our online services that are not intentionally made available to you,
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content.
- Your Safeworkpro Account
You must be 18 years of age to set up an account, or otherwise be authorised by an employer, parent or legal guardian to set up an account for which that person will be responsible.
You agree to provide true and correct details when setting up your account. You agree not to create more than one account with Safeworkpro, unless you have let us know, in which case we will link your accounts.
You agree that you will not share your Safeworkpro username and password with anyone who is not specifically authorised by you to access your account. You acknowledge that you will take all reasonable steps to ensure that no unauthorised person is able to access your account.
You are solely responsible for any costs, expenses, actions and claims made in respect of the use of your account.
You agree that we can contact you as and when needed to provide the services offered by Safeworkpro via the email address that you use to set up your Safeworkpro account. You acknowledge that it is your responsibility to keep your contact details up to date.
- Links disclaimer
Our online services may contain links to other websites (linked sites). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site.
Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
- Copyright, trademarks and other intellectual property
All names, logos and trademarks are the property of Safeworkpro or the third parties who have contributed to our online services. Nothing on our online services should be construed as granting any licence or right to use any name, logo or trade mark without the express prior permission of the owner or the relevant contributor.
You agree that all content appearing on our online services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of Safeworkpro, its users or its licensors with all rights reserved. No content on any online service may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Safeworkpro’s prior written approval.
Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
Please contact us if you require permission to reproduce any of the contents of any part of our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.
- Copyright infringement
If you believe that there is material on our website that infringes third party intellectual property rights, please contact us at the email address set out at the start of these terms and conditions with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
We make every effort to maintain the security of our online services. However, we do not guarantee the security of our systems, our records or your data.
Continuous access to Safeworkpro online services is dependent on third party services and requires network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent audio, video and other functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.
Due to dependence on third party services, Safeworkpro online services may be inaccessible from time to time.
Safeworkpro disclaims all liability for any computer virus, malware or technological problems that were not intentionally caused by it or are beyond Safeworkpro’s control. You are encouraged to install and maintain up-to-date security software on your devices.
- Limitation of liability
To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of Safeworkpro online services.
Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.
Where Safeworkpro’s liability cannot be lawfully excluded, it is limited at the option of Safeworkpro, to:
- the resupplying of access to Safeworkpro online services, or
- the refund of the amounts paid by you for your access to Safeworkpro online services for the period the complaint or action relates to.
The maximum aggregate liability of Safeworkpro for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of AU$1000.
You agree that your access to and use of Safeworkpro online services will be at your sole risk.
You agree to indemnify and defend Safeworkpro from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees), relating to:
- any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of Safeworkpro online services,
- any claim by a third party arising out of your use of Safeworkpro online services,
- your unauthorised use of Safeworkpro online services, or
- your breach of Safeworkpro terms and conditions for online services.
Nothing in this agreement authorises you to defend, compromise or settle any claim or proceeding on behalf of Safeworkpro.
DISCLAIMER ABOUT NO WARANTY FOR COMPLIANCE WITH WORK PLACE HEALTH AND SAFETY
You specifically acknowledge and agree that your use of our online services is at your own risk.
While every care is taken, we do not guarantee that use of our online services will ensure your business is current or compliant with Work Place Health and Safety Law. We have no control over how you use our online services or the systems you have in place in your workplace.
We make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” and “as available” basis without warranty or condition, whether express or implied, of any kind.
Safeworkpro makes no promises that you will have uninterrupted or error-free access to and use of Safeworkpro online services, or that the online services will meet your requirements.
Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
No advice or information, whether oral or written, obtained by you from Safeworkpro or through our online services will create any warranty not expressly stated in these terms and conditions.
Any material downloaded or otherwise obtained through the use of our online services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Relationship – No joint venture, partnership, employment, or agency relationship exists between you and Safeworkpro as a result of these terms and conditions or your use of Safeworkpro.
Waiver – Any time or other indulgence granted by Safeworkpro to you will not in any way amount to a waiver of any of Safeworkpro’s rights or remedies.
Assignment – You must not assign, sublicense or otherwise transfer your rights under these terms and conditions.
Notice – You may provide notice to Safeworkpro via our contact us page. We may provide notice to you via email or other electronic means.
Governing Law – This agreement is governed by the laws of Queensland, Australia. You agree to be subject to the jurisdiction of the courts of Queensland, Australia if there is a serious dispute between us.
Validity – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect
Authorised use – Use of